§ 4.3.6.4 SCOPE OF PREEMPTION

• Jurisdiction: Arizona

§ 4.3.6.4 Scope of Preemption. ERISA preemption, while not unlimited in scope, is extraordinarily broad. As a consequence, ERISA preempts state laws that relate to plans or touch on subjects regulated by ERISA even though the state law may be consistent with ERISA's substantive requirements.⁸⁴ Thus, ERISA preemption is total in the sense that it will preclude state law claims even though the claim may not mention ERISA within the four corners of the well-pled complaint.⁸⁵

As a consequence, if a state law claim is preempted and there is an...